COXE, District Judge.
The passage ticket in this case required notice of claim to be given within forty-five days after death, and that suit be commenced within one year "after the lodging of claim." These provisions are binding, even though the deceased was a 3 year old infant traveling on her mother's ticket [The Finland (D.C.) 35 F.2d 47]; and, inasmuch as the suit was not commenced until one month and nineteen days after the expiration of the one-year limitation period prescribed in the ticket, the action was barred [Martin v. Royal Mail Steam Packet Co. (D.C.) 1933 A.M.C. 1553, affirmed (C.C.A.) 65 F.2d 1019, certiorari denied (October 16, 1933) 54 S. Ct. 88, 78 L. Ed. ___]. Neither is it an answer that notice of claim was given within forty-five days after death, as both requirements of the passage ticket must be met before the action can be maintained.
Jury trial; no opinion.
The motion to dismiss is therefore granted.